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ABSTRACT
The 1988 revision of the US–Japan Nuclear Cooperation Agreement offers a major precedent both for current US nuclear cooperation policy and for the role played by Congress. Drawing on the Congressional Record and other primary sources, this article examines how US legislators criticized the agreement, forcing the Ronald Reagan administration to alter the subsequent arrangement and abandon the original idea of transporting plutonium by air. Congressional opponents could not prevent the adoption of the agreement outright, partly because of Japan's strong nonproliferation credentials, which helped to allay proliferation concerns. Instead, they focused their concerns on Japan's use of plutonium. By exploiting a split in the administration and stirring environmental concerns over air transportation of plutonium from Europe to Japan, opponents succeeded in affecting the outcome of the agreement. With the agreement up for automatic renewal in July 2018, current congressional concerns over Japan's excess plutonium stocks may play a similar influential role.
Acknowledgements
This article is based on my presentation at the 2013 annual meeting of Japan Association of Disarmament Studies. I would like to thank all participants of the meeting. I would also like to thank Kazunori Suda and other staffers from the Japan Atomic Energy Agency for their helpful comments.
Notes
1 Tetsuya Endo, “Nichibei gensiryoku kyotei (1988nen) no seiritsukeii to kongo no mondaiten (kaitei ban)” [Making process of US–Japan Nuclear Cooperation Agreement (1988) and future problems (revised)], Japan Institute of International Affairs, January 2014; Jun Jinho, “Nichibei kosho ni okeru seisaku kettei katei: ‘nichibei gensiryoku kyotei’ no kaitei wo meguru nichibei kosho no seiji katei,” [Policy-making process of Japan–US negotiation: political process of Japan–US negotiation on the revision of the Japan–US Nuclear Cooperation Agreement], PhD diss., University of Tokyo, 2001; Park Hahn-Kyu, “International Nuclear Nonproliferation Pressure and Japan's Domestic Policy Response: A Comparison of Plutonium Utilization Policies in the 1970s and the 1990s,” PhD diss., Columbia University, 1997; Toichi Sakata, “Purutoniumu uso wo tanto shite” [In charge of the plutonium shipment], in Atsunori Suzuki, ed., Purutoniumu [Plutonium] (Tokyo: ERC Shuppan, 1994), pp. 30–48.
2 Robert David Johnson, “Congress and US Foreign Policy,” in David P. Auerswald and Colton C. Campbell, eds., Congress and the Politics of National Security (New York: Cambridge University Press, 2012), pp. 18–44; James M. Lindsay, Congress and the Politics of U.S. Foreign Policy (Baltimore: Johns Hopkins University Press, 1994); Randall B. Ripley and James M. Lindsay, Congress Resurgent (Ann Arbor: University of Michigan Press, 1993); David Auerswald and Forrest Maltzman, “Policymaking through Advice and Consent,” Journal of Politics, Vol. 65 (November 2003), pp. 1097–110.
3 Lindsay, Congress and the Politics of U.S. Foreign Policy, pp. 81–84.
4 Hearing, “Section 123: Civilian Nuclear Cooperation Agreements,” January 30, 2014, US Senate Committee on Foreign Relations, <www.foreign.senate.gov/hearings/hearing/?id=bf28fdde-5056-a032-5260-e0db661466c4>.
5 Ripley and Lindsay, Congress Resurgent, pp. 210–13.
6 Donald R. Wolfensberger, “A Brief History of Congressional Reform Efforts,” Woodrow Wilson Center, February 22, 2013, <www.wilsoncenter.org/sites/default/files/brief_history_congressional_reform_efforts.pdf>, p. 3.
7 Ripley and Lindsay, Congress Resurgent, pp. 213–31.
8 Lindsay, Congress and Foreign Policy, pp. 613–18; James P. Pfiffner, “The President and the Postreform Congress,” in Roger H. Davidson, ed., The Postreform Congress (New York: St. Martin's Press, 1992), pp. 211–32.
9 Robert L. Beckman, Nuclear Non-proliferation: Congress and the Control of Peaceful Nuclear Activities (London: Westview Press, 1985), pp. 217–69.
10 Memo from Brian Atwood to Edmund Muskie, “The Congressional Agenda: Issues and Strategies,” May 16, 1980, National Security Archive (NSA), US Nuclear Non-Proliferation Policy, 1945–91, No. 1781.
11 Frederick Williams, “The United States Congress and Nonproliferation,” International Security, Vol. 3 (Autumn 1978), pp. 45–50.
12 Beckman, Nuclear Non-proliferation, pp. 262–64.
13 Washington to Tokyo, “Bei no Kakufukakusan boushi houan,” [US Nonproliferation Act], September 22, 1977, documents disclosed from the Ministry of Foreign Affairs of Japan (MOFA) under the Act on Access to Information Held by Administrative Organs (request number: 2013-2566); Science affairs division, “Beikoku kakufukakusanhou ni kansuru beikoku seifu kankeisha no setsumei” [Explanation of U.S. government officials on Nuclear Nonproliferation Act], May 18, 1978, documents disclosed from MOFA (2010-554).
14 Beckman, Nuclear Non-proliferation, pp. 287–346.
15 Michael J. Brenner, Nuclear Power and Non-proliferation (Cambridge, UK: Cambridge University Press, 1981), pp. 116–212; Yu Takeda, “Beikoku no taigai seisaku ni okeru doumeikoku no yakuwari: houkatsuteki zizendoui no seiritsu, 1977–1982″ [US Nuclear Cooperation Policy and the Western Allies: Making Programmatic Prior Consent, 1977–1982] Kokusaiseiji [International relations], No. 188 (April 2017), pp. 114–25.
16 John Felton, “Congress Requests Non-proliferation Policy,” Congressional Quarterly Weekly Report, July 25, 1981, pp. 1348–9; Warren H. Donnelly, “U.S.–Japanese Nuclear Cooperation: Revision of the Bilateral Agreement,” November 25, 1987, Congressional Research Service Issue Brief.
17 Cranston v. Reagan, 611F.Supp.247 (1985). The six nongovernmental organizations included the Nuclear Control Institute, the Union of Concerned Scientists, Greenpeace USA, the Natural Resources Defense Council, the Energy Research Foundation, and Greenpeace Sweden. The case was dismissed on the basis of non-justiciability.
18 Ripley and Lindsay, Congress Resurgent, pp. 115–53; Robert David Johnson, Congress and the Cold War (New York: Cambridge University Press, 2006), pp. 177–284; Richard Whittle, “Foreign Relations Committee Searches for Renewed Glory,” Congressional Quarterly Weekly Report, March 14, 1981, pp. 477–79.
19 Lindsay, Congress and the Politics of U.S. Foreign Policy, pp. 55–55.
20 Beckman, Nuclear Non-proliferation, pp. 165–93; Lindsay, Congress and the Politics of U.S. Foreign Policy, pp. 28–30; David Cortright, Peace Works (Boulder, CO: Westview, 1993); Lawrence S. Wittner, The Struggle Against the Bomb, Vol. 3 (Stanford, CA: Stanford University Press, 2003); Paul Rubinson, “The Global Effects of Nuclear Winter: Science and Antinuclear Protest in the United States and the Soviet Union during the 1980s,” Cold War History, Vol. 14 (2014), pp. 47–69.
21 Richard Rudolph and Scott Ridley, Power Struggle: The Hundred-Year War over Electricity (New York: Harper & Row, 1986); Beckman, Nuclear Non-proliferation, pp. 221–22.
22 Endo, “Nichibei gensiryoku kyotei,” pp. 15–51.
23 “National Defense Authorization Act for Fiscal Year 1987,” August 7, 1986, Congressional Record, Vol. 132, No. 107, p. S10723.
24 Association for Diplomatic Studies and Training, “Dean Rust,” Frontline Diplomacy, December 6, 2006, p. 21, <www.adst.org/OH%20TOCs/Rust,%20Dean.toc.pdf>.
25 “Export Administration Act Extension—Conference Report,” June 27, 1985, Congressional Record, Vol. 131, No. 88, p. S8921.
26 “Proposed Agreement for Cooperation between Government of United States of America and Government of Japan concerning Peaceful Uses of Nuclear Energy,” November 9, 1987, 7, 100th Cong., 1st Sess., House Document 100-128.
27 Letter from Land Zech to Richard T. Kennedy, July 27, 1987, Nuclear Control Institute Collection (NSA [hereafter NCI]), box 205; NuclearFuel, “NSC Group to Debate U.S.–Japan Pact,” August 24, 1987, p. 3.
28 Fred McGoldrick, then Acting Deputy Assistant Secretary of State for Nuclear Energy, interview with author, Boston, November 8, 2012; Henry D. Sokolski, then Deputy for Nonproliferation Policy, Office of the Under Secretary of Defense for Policy, interview with author, Washington, DC, November 8, 2012.
29 Hearing, “Nuclear Non-proliferation and U.S. National Security,” 100th Cong., 1st Sess., February 24–5 and March 5, 1987, Congressional Information Service (CIS), CIS Microfiche Library of US Congressional Publications, Reference Service, US Embassy in Japan, S401-48.
30 “Stenographic Transcript of Hearings Before the Committee on Foreign Relations, United States Senate, United States–Japan Nuclear Cooperation Agreement,” 100th Cong., 1st Sess., December 15, 1987, RG46 Records of the United States Senate (Center for Legislative Archives, National Archives and Records Administration).
31 Report, “United States–Japan Cooperation Agreement,” January 20, 1980, CIS, US Congressional Publications, S808-1.
32 Letter from Claiborne Pell et al. to the President, “United States–Japan Nuclear Cooperation Agreement,” December 17, 1987, Senatorial Papers of Claiborne Pell, Senate Foreign Relations Committee: 1972–96 (Special Collections and Archives, University of Rhode Island Library [hereafter “Pell Papers”]), box 11.
33 Washington to Tokyo, “Nichibei genshiryoku kyotei (Endo shingikan to Kennedy taishi no kaidan)” [Japan–US nuclear cooperation agreement (meeting between Director-General Endo and Ambassador Kennedy)], December 19, 1987, documents disclosed from MOFA (2012-00466); Endo, “Nichibei gensiryoku kyotei,” p. 61; Sakata, “Purutoniumu uso wo tanto shite,” pp. 35–36.
34 “Statement by Senator Glenn on Japan Nuclear Agreement,” December 15, 1987, Senate Papers (John H. Glenn Archives, Ohio Congressional Archives, Ohio State University [hereafter “Glenn Papers”]), box 512; letter from Richard Perle and Frank Gaffney to John Glenn, March 2, 1988, Congressional Record, Vol. 134, No. 24, p. S1919.
35 Letter from Claiborne Pell et al. to the President, “United States–Japan Nuclear Cooperation Agreement,” December 17, 1987, Pell Papers.
36 Letter from Steve Cowper to George P. Shultz, April 2, 1987, NCI, box 125; David Hulen, “Nuclear Cooperation Agreement May Bring Plutonium through Anchorage,” Anchorage Daily News, March 13, 1987, p. A1; UPI, “Coalition Opposes Plutonium Flights,” November 12, 1987.
37 Letter from Claiborne Pell et al. to the President, “United States–Japan Nuclear Cooperation Agreement,” December 17, 1987, Pell Papers.
38 “United States–Japan Nuclear Cooperation Agreement,” February 4, 1988, Congressional Record, Vol. 134 No. 8, p. S625; “United States/Japan Nuclear Agreement,” March 3, 1988, Congressional Record, Vol. 134 No. 24, p. S1919; “Disapproval Agreement for Peaceful Uses of Nuclear Energy between the United States and Japan,” March 21, 1988, Congressional Record, Vol. 134, No. 35, p. S2639.
39 Ripley and Lindsay, Congress Resurgent, pp. 142–43.
40 “Glenn Sponsors Legislation on U.S./Japan Nuclear Cooperation,” February 2, 1988, Glenn Papers, box 512; “Atomic Energy Law Enforcement Act of 1988,” February 17, 1988, Congressional Record, Vol. 134, No. 13, p. E263.
41 “U.S.–Japan Nuclear Cooperation Agreement,” December 16, 1987, CIS, US Congressional Publications, H381-79; “U.S.–Japan Nuclear Pact,” in CQ Almanac 1988 (Washington, DC: Congressional Quarterly, 1989), p. 548.
42 “United States–Japan Nuclear Cooperation Agreement,” January 20, 1988, CIS, US Congressional Publications, S383-1; letter from Alan Cranston et al., January 26, 1988, NCI, box 205; “The Nuclear Cooperation Agreement between the United States and Japan,” January 27, 1988, Congressional Record, Vol. 134, No. 3, p. E53.
43 “Disapproval Agreement for Peaceful Uses of Nuclear Energy between the United States and Japan,” p. S2639.
44 John Tower, chairman, The Tower Commission Report (New York: Bantam Books, 1987), introduction.
45 “Reagan's Clout in Congress Falls to Record Low,” in Congressional Roll Call 1987 (Washington, DC: Congressional Quarterly, 1988), pp. 21–23; Edward A. Lynch, The Cold War's Last Battlefield (Albany: State University of New York Press, 2011), pp. 211–38; Steven F. Hayward, The Age of Reagan (New York: Three Rivers Press, 2009), pp. 590–91.
46 Memo from Frank Carlucci to Ronald Reagan, “NSC Activities,” December 24, 1986, White House Staff and Office Files, Carlucci, Frank C. :Files, box 92462 (Reagan Presidential Library [RRL]); CQ Almanac 1987 (Washington, DC: Congressional Quarterly, 1988), pp. 265–66; Ivo H. Daalder and I.M. Destler, In the Shadow of the Oval Office (New York: Simon & Schuster, 2009), pp. 164–66; George P. Schultz, Turmoil and Triumph (New York: Scribner's, 1993), pp. 901–908.
47 Letter from the White House to Claiborne Pell, January 29, 1988, in “Disapproval Agreement for Peaceful Uses of Nuclear Energy between the United States and Japan,” p. S2639; letter from Frank Carlucci to John Glenn, January 29, 1988, NCI, box 205.
48 Letter from NRC to Dante Fascell, February 24, 1988, in “Disapproval Agreement for Peaceful Uses of Nuclear Energy between the United States and Japan,” p. S2639.
49 Memo from Alison Fortier to John Negroponte, “Legislative Meeting on the U.S./Japan Nuclear Agreement,” February 2, 1988, WHORM: Subject File, AT Atomic/Nuclear Energy (hereafter “SF, AT”), box 6(RRL); cable from Washington to Tokyo, “U.S.–Japan Nuclear Agreement—Request for Information for STAFFDEL Gilman, CODEL Murkowski for Meetings with GOJ Officials,” February 10, 1988, NSA, Japan and the United States: Diplomatic, Security, and Economic Relations, Part II: 1977–92, No. 1509.
50 Letter from Daniel Evans et al., February 17, 1988, NCI, box 205.
51 “Stenographic Transcript of Hearings Before the Committee on Foreign Relations, United States Senate, United States–Japan Nuclear Cooperation Agreement,” p. 15; “Disapproval Agreement for Peaceful Uses of Nuclear Energy between the United States and Japan,” p. S2625.
52 “Disapproval Agreement for Peaceful Uses of Nuclear Energy between the United States and Japan,” p. S2630.
53 Hideki Mizuma, “Shin nichibei genshiryoku kyotei ni tuite—saishu kai” [New Japan–US nuclear agreement—last part], Kakubusshitsu kanri center news [Nuclear material control center news], Vol. 17 (December 1988), p. 2.
54 “Disapproval Agreement for Peaceful Uses of Nuclear Energy between the United States and Japan,” p. S2669.
55 Ibid., p. S2673.
56 Brenner, Nuclear Power and Non-proliferation, pp. 14—61.
57 Hearing, “Nuclear Non-proliferation and U.S. National Security,” CIS, US Congressional Publications, S401-48, p. 35.
58 “Statement by Senator Glenn on Japan Nuclear Agreement,” in “United States–Japan Nuclear Cooperation Agreement,” Congressional Record, p. S625; letter from Richard Perle and Frank Gaffney to Glenn, March 2, 1988, Congressional Record, p. S1919.
59 Gerald C. Smith, “A Sound Nuclear Accord with Japan,” February 19, 1988, Washington Post, p. A19.
60 Letter from Mike Mansfield to Daniel Evans, February 1, 1988, in “Disapproval Agreement for Peaceful Uses of Nuclear Energy between the United States and Japan,” p. S2661; letter from Bertram Wolfe to Alan Cranston, December 18, 1987, NCI, box 205; letter from Gaishi Hiraiwa to Howard Baker, January 8, 1988, SF, AT, box 5 (RRL).
61 Memo from Fortier to Negroponte, February 2, 1988, SF, AT, box 6 (RRL).
62 Letter from the White House to Claiborne Pell, January 29, 1988, in “Disapproval Agreement for Peaceful Uses of Nuclear Energy between the United States and Japan,” p. S2639.
63 Letter from Mike Armacost to Frank Murkowski, March 8, NCI, box 204; cable from Washington to Tokyo, “Nuclear Cooperation Agreement: Proposed Exchange of Letters on Transportation of Plutonium,” March 29, 1988, NSA, Japan and the United States, Part II, No. 1520.
64 Endo, “Nichibei gensiryoku kyotei,” pp. 70–72.
65 Michelle M. Murphy, “Senate Rejects Move to Block U.S.–Japan Nuclear Agreement,” Congressional Quarterly Weekly Report, March 26, 1988, pp. 812–13.
66 Memo, “Considerations for a Conditional Resolution of Approval,” February 18, 1988, NCI, box 205; memo, “Glenn,” March 19, 1988, and memo, “Pell Amendment (Not Offered),” both in NCI, box 204; memo from Alison Fortier to Colin Powell, March 8, 1988, SF, AT, box 5 (RRL); NuclearFuel, “Critics, Supporters of U.S.–Japan Pact Maneuver before House–Senate Votes,” March 21, 1988, p. 13.
67 Murphy, “Senate Rejects Move to Block U.S.–Japan Nuclear Agreement,” pp. 812–13.
68 “Disapproval Agreement for Peaceful Uses of Nuclear Energy between the United States and Japan,” p. S2677.
69 Sharon Squassoni, “Looking Back: The 1978 Nuclear Nonproliferation Act,” Arms Control Today, Vol. 38 (December 2008), <www.armscontrol.org/act/2008_12/lookingback_NPT>.
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71 Gerald Felix Warburg, “Nonproliferation Policy Crossroads,” Nonproliferation Review, Vol. 19 (November 2012), pp. 451–71.
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